Keep Our Border Agents Paid Act

Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following:

In this section:

The term covered component means—

(A) Air and Marine Operations of U.S. Customs and Border Protection;

(B) the Office of Field Operations of U.S. Customs and Border Protection;

(C) the U.S. Border Patrol of U.S. Customs and Border Protection;

(D) Homeland Security Investigations of U.S. Immigration and Customs Enforcement; and

(E) Enforcement and Removal Operations of U.S. Immigration and Customs Enforcement.

The term covered contractor means an individual—

(A) performing work for a covered component under a contract; and

(B) who the Secretary determines is—

(i) providing support to excepted employees of the covered component; or

(ii) required to perform work during a lapse in appropriations.

The term excepted employee has the meaning given such term in section 1341(c)(1)(D) of title 31, United States Code.

For any period in which there is a lapse in appropriations for the Department, there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as are necessary to provide—

(1) pay to excepted employees and covered contractors of covered components of the Department; and

(2) benefits under chapters 55 and 81 of title 5, United States Code, to such employees, including—

(A) benefits for captives under section 5569 of such title;

(B) compensation for disability or death for missing employees under section 5570 of such title;

(C) compensation for disability or death of employees under section 8102 of such title; and

(D) funeral expenses and transportation of bodies under section 8134 of such title.

Appropriations and funds made available and authority granted for any fiscal year under subsection (b) shall be available until the earlier of—

(1) the date of the enactment of a law of making an appropriation for the purposes for which amounts are made available under subsection (b); or

(2) the date of the enactment of a law of a regular appropriations Act, or a law making continuing appropriations until the end of the fiscal year, without any appropriation for the purposes described in paragraph (1).

Expenditures made for the purposes described in subsection (b) from amounts made available under subsection (b) shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation Act, or a law making continuing appropriations, for such purposes is enacted.

Appropriations and any other funds made available by, or authority granted under, this section may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code.

Nothing in this section may be construed to waive any other provision of law governing the apportionment of funds.

The table of contents for the Homeland Security Act of 2002 (Public Law 107–296) is amended by inserting after the item relating to section 436 the following: